When another person injures you, the compensation you need to recover might be considerable. Our attorneys can help you file a lawsuit to cover the losses stemming from their negligence.
Even minor injuries can be challenging to get compensation for without the help of a legal team that understands how injury claims work and where to gather evidence. You typically have three years to file an injury claim, but our team will determine if the defendant works for the city or state and prepare your case quickly since you have far less time in this situation. After getting injured, though, report your accident. Your accident report might include details that you cannot now remember, as well as information and statements from witnesses that can support your claim. Your accident reports, medical records, and testimony will be the foundation of your case.
For a free case evaluation with our Queens personal injury attorneys, contact The Carrion Law Firm today at (718) 841-0083.
Important Issues to Know When Filing a Personal Injury Lawsuit in Bayside, Queens
To succeed in a personal injury lawsuit, you must understand the critical issues that can help or hurt your claim. Injury claims often start with victims reporting the accident to either the police or business owner, followed by getting medical attention. After that, our personal injury attorneys can determine the deadline to file your case and what evidence will help meet the standard of proof in civil lawsuits. Most importantly, we will assess your recoverable damages so you do not overlook an expense the defendant should pay.
Reporting the Accident
Suffering a personal injury is a serious incident, so you should not hesitate to report it. If you do not report it immediately, it might give the appearance that you were not injured too badly but are now claiming serious injuries. Do not give insurance companies that opportunity. Report your injuries, even if they seem minimal.
In some cases, it is best to report your accident to the NYPD, such as after a car accident, bicycle crash, or other accidents that occur in public. The officers will investigate the accident, speak to the parties involved, and record the details in an accident report. NYPD collision reports usually take a couple of days to prepare but can be obtained online or in person at Bayside’s 111th Precinct. Our team can help collect your report and review it to ensure it accurately reflects the details of your accident and what you reported.
You might also need to report your accident to the potential defendant if that accident happened in a store or other business property. For instance, suppose you slipped and fell while shopping in your local bodega or having dinner at your favorite restaurant. If so, report the accident and request a copy of the report and any other correspondence the business makes regarding the incident. This will show that your accident was serious enough to report it officially and that you wasted no time doing so. However, let our attorneys speak with the defendant after reporting your accident so that you do not unintentionally misspeak and potentially jeopardize your compensation.
Filing Deadlines
The filing deadline, formally known as the “statute of limitations,” is arguably one of the most important issues in any personal injury claim because it is one of the few legal rules that can totally prevent victims from recovering damages. The limitations period begins when you are injured, at which point you generally have three years to file a lawsuit under C.V.P. Law § 214(5). However, you will have less than half this time to file if your claim is against a government employee. Further, government agencies responsible for negligent workers must be notified of your claim within 90 days of getting injured, according to G.M.U. § 50-e(a).
While these rules are strict, other legal rules might give you more time if the limitations period has closed. Perhaps the defendant gave you a false name when exchanging information or is absent from the state. § 207 would extend the filing deadline in these cases. Injured children and victims with disabilities will also usually have more time to file under § 208. However, do not assume these exceptions apply. Instead, let our team review your case to see if you have met the requirements.
Gathering Evidence
Obtaining evidence for your case typically happens in three phases: at the accident scene, during our investigation, and during litigation of your claim. You can use your phone to take pictures of important details of the accident scene and your injuries, which we will be able to use later to argue liability and the seriousness of your damages.
During our investigation, we will go to the scene to check for surveillance and witnesses. If your accident happened in a business or near one, we might be able to get footage of it if we act quickly. We can contact camera owners and direct them to maintain the evidence for a legal case until we collect it. We will also gather your medical records and interview witnesses. Witnesses who directly saw the accident can testify to how the defendant caused it. Our team will also arrange for expert witnesses to testify so that they can explain complex issues regarding liability or your medical care.
The more evidence we have, the better we will be able to fight claims you contributed to causing the accident. Under § 1411, each party in a lawsuit is liable for their own portion of the fault in an accident. The law will not deny you compensation if you are found partially at fault, but it can lower the total award you recover. For instance, if you were found to be 80% negligent, you would still recover damages but only 20% of what you suffered.
Contact Our Personal Injury Attorneys in Bayside, Queens Today for Help Getting the Compensation You Need for Your Recovery
Call The Carrion Law Firm at (718) 841-0083 today to receive your free case review with our personal injury lawyers.